When ‘Religious Liberty’ Was Used To Justify Racism Instead Of Homophobia

“Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.”

— Judge Leon M. Bazile, January 6, 1959

Bilbo was one of the South’s most colorful racists, but he was hardly alone in his beliefs. As early as 1867, the Pennsylvania Supreme Court upheld segregated railway cars on the grounds that “[t]he natural law which forbids [racial intermarriage] and that social amalgamation which leads to a corruption of races, is as clearly divine as that which imparted to [the races] different natures.” This same rationale was later adopted by state supreme courts in Alabama, Indiana and Virginia to justify bans on interracial marriage, and by justices in Kentucky to support residential segregation and segregated colleges.

When Bob Jones’ case reached the Supreme Court, the school argued that IRS’ regulations denying tax exemptions to racist institutions “cannot constitutionally be applied to schools that engage in racial discrimination on the basis of sincerely held religious beliefs.” But the justices did not bite. In an 8-1 decision by conservative Chief Justice Warren Burger, the Court explained that “[o]n occasion this Court has found certain governmental interests so compelling as to allow even regulations prohibiting religiously based conduct.” Prohibiting race discrimination is one of these interests.

How is it really any different? Maybe we can also start bringing back "no blacks served here" too? As long as its religious reasons right? What other laws should religious belief get people out of? What is the limit exactly and how is that limit decided?

“Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.”

— Judge Leon M. Bazile, January 6, 1959

Bilbo was one of the South’s most colorful racists, but he was hardly alone in his beliefs. As early as 1867, the Pennsylvania Supreme Court upheld segregated railway cars on the grounds that “[t]he natural law which forbids [racial intermarriage] and that social amalgamation which leads to a corruption of races, is as clearly divine as that which imparted to [the races] different natures.” This same rationale was later adopted by state supreme courts in Alabama, Indiana and Virginia to justify bans on interracial marriage, and by justices in Kentucky to support residential segregation and segregated colleges.

When Bob Jones’ case reached the Supreme Court, the school argued that IRS’ regulations denying tax exemptions to racist institutions “cannot constitutionally be applied to schools that engage in racial discrimination on the basis of sincerely held religious beliefs.” But the justices did not bite. In an 8-1 decision by conservative Chief Justice Warren Burger, the Court explained that “[o]n occasion this Court has found certain governmental interests so compelling as to allow even regulations prohibiting religiously based conduct.” Prohibiting race discrimination is one of these interests.

How is it really any different? Maybe we can also start bringing back "no blacks served here" too? As long as its religious reasons right? What other laws should religious belief get people out of? What is the limit exactly and how is that limit decided?

Do you think businesses that would kneecap themselves by refusing to sell to huge segments of the population would thrive nowadays? Assuming not, why be so insistent on protecting their business from their own stupidity?

Do you think businesses that would kneecap themselves by refusing to sell to huge segments of the population would thrive nowadays? Assuming not, why be so insistent on protecting their business from their own stupidity?

There is no effort underway to protect businesses from their own stupidity. That is an ass-backward way to look at the situation. The efforts to prevent licensed businesses from engaging in discriminatory practices are intended to protect the rights of people to be free from being treated as second-class citizens in this nation. Nothing more -- nothing less.